ARCHANA Vs. ABHIMANYU

JUDGEMENT

(1.) By this order Transfer Petition (C) filed by the applicant seeking transfer of Civil Suit No. 23A/2014 (Abhimanyu Sahu v. Smt. Archana) pending before the Court of Additional District Judge (FTC), South Bastar, Dantewada, C.G. to the Judge, Family Court, Janjgir-Champa, C.G., is being disposed of.

(2.) As per facts of the transfer petition, in brief, both petitioner and respondent are wife and husband. Their marriage was solemnized on 13-02-2011. After their marriage, the petitioner filed Civil Suit No.161A/12 for restitution of conjugal rights under Section 9 of the Hindu Marriage Act which is pending before the Court of Judge, Family Court, Janjgir-Champa, C.G. After filing of this civil suit, the respondent filed a civil suit under Section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce before the Additional District Judge (FTC), South Bastar, Dantewada, C.G. which is pending before the court concerned. It is submitted that the petitioner is residing at Akaltara from where the Family Court Janjgir-Champa is nearest place. After the petition filed by her under Section 9 of the Hindu Marriage Act, to harass her, the respondent filed a divorce petition before the Judge concerned at South Bastar, Dantewada. Parents of the respondent are residing at Raigarh, so there is no difficulty for him for attending the Court at Janjgir-Champa. Also District Dantewada is a naxalite affected area and the petitioner is having fear to go there. The petitioner being a woman is having hardship to attend the Court at Dantewada as there is nobody to take her for hearing at Dantewada. It is prayed that the above mentioned civil suit pending before Dantewada Court be transferred to Judge, Family Court, Janjgir-Champa.

(3.) Even after service of notice in person, the respondent is not represented in the Court at the time of hearing either in person or through his counsel.